Chapter 2 - Universal Postal Union

  1. Universal Postal Union

Overview

2.1Two major treaty actions (category 2) have been referred to the Committee relating to Acts of the Universal Postal Union (UPU).[1]

  • Acts of the Universal Postal Union adopted by the 2nd Extraordinary Congress: Tenth Additional Protocol to the Constitution of the Universal Postal Union and Second Additional Protocol to the General Regulations of Universal Postal Union (UPU treaty action 1)
  • Acts of the Universal Postal Union adopted by the 27th Universal Postal Congress: Eleventh Additional Protocol to the Constitution of the Universal Postal Union, Third Additional Protocol to the General Regulations of the Universal Postal Union, the Universal Postal Convention, the Final Protocol to the Universal Postal Convention, the Postal Payment Services Agreement and the Final Protocol to the Postal Payment Services Agreement (UPU treaty action 2)
    1. Of note, in UPU treaty action 1 there are changes to the Constitution resulting in alterations to the obligations of the Postal Operations Council and changes to the General Regulations and contribution classes.
    2. UPU treaty action 2 includes changes to the composition and functioning of the Councils of the UPU, including Pacific Island representation, changes to contribution classes, a permanent convention, and a permanent postal payment agreement.

Background

General

2.4The Universal Postal Union (UPU) is a UN specialised agency and the postal sector’s primary forum for international cooperation.[2] The UPU was established in 1874 and is the second oldest international organisation globally with its headquarters in Berne, Switzerland.[3] Australia entered the UPU on 10 January 1907 and its designated operator is Australia Post.[4]

2.5The UPU sets the rules and standards for the exchange of international mail between member states.[5] The mission of the UPU is to ‘stimulate the lasting development of efficient and accessible universal postal services of quality in order to facilitate communication between the inhabitants of the world.’[6] This is done by:

  • the free circulation of postal items over a single postal territory with interconnected networks;
  • the adoption of fair common standards and the use of technology;
  • cooperation and interaction among stakeholders;
  • effective technical cooperation;
  • satisfaction of customers’ changing needs.[7]
    1. Member state cooperation through the UPU ensures that there is a network of contemporary postal products and postal services.[8] The organisation serves as an advisory body with mediating and liaison competency;[9] it also provides technical assistance.[10] Further, the UPU makes recommendations with the aim of increasing the volume of mail, parcel and financial services and it aims to improve the quality of services for customers.[11]
    2. The UPU is governed by three treaty-level instruments that are binding on all member countries: the Constitution, the General Regulations, and the Convention.[12] The UPU can also establish other treaty-level agreements to regulate postal services such as the Postal Payment Services Agreement (PPSA).[13] The Convention is supplemented by Regulations.[14]
    3. The UPU has 192 member countries.[15] Membership of the UPU is open to any member of the United Nations (UN) and any non-member of the UN can also become a UPU member if the request is approved by at least two-thirds of the member countries of UPU.[16]
    4. UPU expenses are financed jointly by member countries through a contribution system.[17] When a new country is admitted to the UPU, they are free to choose one of ten contribution classes ranging from one to 50 units.[18] Australia is on 20 contribution units.[19]
    5. There are four bodies that are part of the UPU:
  • Congress - supreme authority of the UPU; meets every four years.
  • Council of Administration (CA) - ensures the continuity of UPU’s work between Congresses; supervises its activities; studies regulatory, administrative, legislative, and legal issues.
  • Postal Operations Council (POC) - technical and operational centre of the UPU; consists of 48 member countries that are elected during Congress.
  • International Bureau (IB) - has a secretariat function; provides logistical and technical support to UPU bodies.[20]

Acts of the UPU

2.11The following comprise the Acts of the UPU:

  • The Constitution - basic Act of the UPU; contains the organic rules of the Union; not subject to reservations; currently includes eleven Additional Protocols.[21]
  • Universal Postal Convention - rules that apply throughout the international postal service and provisions concerning the letter-post and postal parcels services; binding on all member countries who must ensure their designated operators fulfil the obligations arising from the Universal Postal Convention.[22]
  • Postal Payment Services Agreement (PPSA) - agreements of the Union such as the PPSA regulate the services aside from those of the letter post and postal parcels between member states; binding on member countries; member states must ensure that their designated operators fulfil the obligations contained in these agreements; aims to foster financial inclusion and implement a secure and accessible postal payment service that is adapted to the greatest number of users based on systems that enable the interoperability of designated operators’ networks.[23]
  • General Regulations - embody those provisions which ensure the application of the Constitution and the working of the Union; binding on all member countries; not subject to reservations; three additional protocols.
  • Regulations to the Universal Postal Convention and to the Postal Payment Services Agreement - contain the rules of application necessary for the implementation of the Universal Postal Convention and of the PPSA; are drawn up by the POC, bearing in mind the decisions taken by Congress.

Major treaty action 1: Acts of the Universal Postal Union adopted by the 2nd Extraordinary Congress

Overview

2.12This Congress took place from 3-7 September 2018, Addis Ababa, Ethiopia.[24]

2.13The proposed treaty action comprises:

  • Tenth Additional Protocol to the Constitution of the Universal Postal Union
  • Second Additional Protocol to the General Regulations of Universal Postal Union
    1. The Acts generally entered into force on 1 July 2019 and will come into force for Australia on the date provided for in the instrument of accession.[25]

Justifications

2.15The proposed treaty action would:

  • ensure Australia’s ongoing commitment to the UPU;[26]
  • provide clarity on Australia’s obligations under the Acts of the UPU;[27]
  • result in a more efficient UPU which better supports Pacific Island countries; and[28]
  • remove ambiguity.[29]
    1. It is also important to consider that:
  • Participation in the UPU enables Australia to have input into its conduct.[30]
  • Participation also enables Australia to have input into international policy, regulatory and operational frameworks governing the exchange of international mail.[31]
  • Australia has been a long-standing member and active participant in the Administration and Postal Operations Councils of the UPU.[32] The majority of amendments to UPU Acts adopted by Congress are developed by one or both governing bodies.[33]

Obligations

2.17The key obligations are outlined below, with the full range of obligations contained in the treaty text. The Government has said that aside from the key obligations listed below, most of the amendments relate to changes to UPU’s internal governance arrangements and would not affect Australia’s legal obligations.[34]

Constitution

2.18More general amendments relate to the scope and objectives of the UPU, restricted Unions and Special Agreements.[35]

2.19The Tenth Additional Protocol to the Constitution outlines that Article 18 (Postal Operations Council) would be amended to include the requirement that ‘Members of the Postal Operations Council shall carry out their functions in the name and in the interests of the Union’.[36] This change means that when a country is a member of the POC they must act in that role in the interests of UPU not in their national interests.[37]As noted, Australia is currently on the POC.[38]

General Regulations

2.20Changes to the General regulations would not result in legal obligations on Australia but would increase Australia’s financial contributions to the UPU.[39] Article 151 (Article 150 per 2018 numbering) (Contribution classes) would include a range of new unit of contribution classes including a 0.1 unit for countries recognised as Small Island Developing States with a population under 200,000.[40]

2.21This is to align the contributions of Small Island Developing States and Least Developed Countries (LDC) with their capacity.[41] As a result, these states would pay less contributions and other countries membership fees would increase by approximately 1.3 per cent.[42] At the Abidjan Congress, the listing of specific classes of contributions was abolished and a graduated scheme in alignment with the UN Scale of Assessments was introduced.[43]

Implementation

2.22The Amendments require no legislative changes as they relate to UPU internal governance and can be implemented through policy changes.[44] No action is necessary at state or territory government level as responsibility for postal services rests with the Commonwealth.[45] The primary legislation – the Australian Postal Corporation Act 1989 does not need to be amended as UPU standards are built into the Act and they are implemented by Australia Post.[46]

Costs

2.23Australia’s contributions grew in 2020 to CHF 920,000 (approximately AUD 1.4 million) and it remained at this level for 2021.[47]

Withdrawal or denunciation

2.24Voluntary withdrawal of any member country from the UPU is provided for in Article 13 of the UPU Constitution.[48] Withdrawal takes effect one year after the day the Director-General receives the notice of denunciation.[49]

Consultation

2.25The Government notes that it has worked closely with Australia Post on the development of policy and operational positions.[50] Government departments including the Department of Prime Minister and Cabinet, the Department of Foreign Affairs and Trade and Home Affairs were also consulted. States and territories were advised.[51]

Major treaty action 2: Acts of the Universal Postal Union adopted by the 27th Universal Postal Congress

Overview

2.26The Congress took place from 9 -27 August 2021 in Abidjan, Côte d’Ivoire.[52]

2.27Proposed treaty action comprises:

  • Eleventh Additional Protocol to the Constitution of the Universal Postal Union
  • Third Additional Protocol to the General Regulations of the Universal Postal Union
  • Universal Postal Convention
  • Final Protocol of the Universal Postal Convention
  • Postal Payment Services Agreement
  • Final Protocol to the Postal Payment Services Agreement
    1. The Acts entered into force generally between 1 January 2022 and 1 July 2022, and will come into force for Australia on the date that is provided for in the instrument of ratification.[53]

Justifications

2.29The proposed treaty action would:

  • provide the basis for the reciprocal exchange of international mail;
  • lead to improvement of UPU operational efficiency;[54]
  • enable Australia to have input into international policy, regulatory and operational frameworks governing these exchanges;[55]
  • mean increased member engagement in developing proposals for future reform;[56]
  • result in improvements to the efficiency of UPU through electronic means;[57]
  • lead to the inclusion of gender equality principles within professional appointments through permitting gender balance within the Secretariat.[58]
    1. Also of importance:
  • Participation in UPU allows Australia to have input into its work.[59]
  • The changes are in alignment with Australia’s interests including improving gender equality within UPU, reforming member country contributions, pathways to lift restrictions on Small Island Developed States, a permanent seat for Pacific Island countries on UPU’s two main Councils and operational and remuneration adjustments.[60]
  • Australia has routinely ratified Acts of the UPU as adopted by congresses.[61]
  • Most amendments were developed by one or both of the UPU councils – the CA and the POC – Australia is currently on the POC and has previously been on the CA.[62]

Obligations

2.31The key obligations are outlined below and the full range of obligations are contained in the treaty text. Most of the amendments in these major treaty actions relate to changes to UPU’s internal governance arrangements and do not affect Australia’s legal obligations, however some amendments do create or amend obligations on member countries.[63]

Constitution

2.32The Constitution is amended by the Eleventh Additional Protocol to the Constitution of the UPU.[64]

2.33The preamble to the Constitution was amended to facilitate the adoption of the Acts within the domestic law of member states (Articles 24, 25, 26 and 29).[65] There are amendments under Article 24 which require that Acts of the UPU shall be ratified, accepted or approved as soon as possible by member countries.[66] There are also amendments to definitions and operative provisions regarding the acceptance and approval of Acts being the equivalent to ratification.[67] The Government notes that the Australian Postal Corporation Act 1989 is drafted so that changes to the Acts of the UPU are unlikely to require the amendment of legislation.[68]

2.34There are also amendments to the contributions of member countries (Article 20).[69]Further, Article 29 provides that the General Regulations, the Convention, and the Agreements of the Union should be ratified, approved, accepted, or acceded to as soon as possible by member states.[70]

General Regulations

2.35The General Regulations were amended by the Third Additional Protocol to the General Regulations at the Abidjan Congress.[71] There are amendments to the composition and functioning of the CA (Article 106) and the POC (Article 112) where one elected seat would be reserved for Pacific Island member countries to ensure their representation.[72] This would reduce the number of contested seats in the Southern Asia and Oceania region in the POC and CA.[73] A further amendment provides for electronic submissions of proposals between Congresses (Article 141).[74]This would enable Australia to vote electronically between Congresses.[75]

2.36There are further amendments to contribution classes (Article 151) which would eliminate the existing contribution classes and replace them with a scheme referencing the United Nations Scale of Assessments.[76]

Universal Postal Convention

2.37The Convention of the UPU expires and is renewed by each successive congress.[77]However, the treaty now has a provision whereby it will be permanent (Article 41).[78]Any future amendments would take the form of Additional Protocols.[79]

2.38Further changes include a new obligation for the designated operator to update delivery standards and targets (Article 14)[80] and a special clause for the blind and special bags for print media (Article 17).[81] Further, member states that extend or amend their list of prohibited articles should notify the IB (Article 19).[82]

2.39Other changes include amendments to the terminal dues system which sets the remuneration for letter-post items including imposing penalties regarding the provision of barcode identifiers and regulations surrounding remuneration for returned undeliverable letter-post items (Article 28).[83] There is increased flexibility for setting remunerations for rates for the delivery of some international mail as rates were previously set by the UPU (Article 29).[84]

2.40Designated operators will notify the International Bureau if they apply self-declared rates that apply to bulky or small packet postal items. To make it more affordable this would not apply to developing countries when they send mail to other countries unless it is high volume exchanges.[85] Further, a country can self-declare rates against a country that self declares against them (Article 29).[86]

2.41There is provision for raising the revenue for the Quality of Service Fund through levying a 0.5 per cent rate payable by member countries for the benefit of the developing country group (Article 32).[87] There are mutual payments to support access and provision of the Universal Postal Framework (Article 35).[88] Further there is the elimination of a loophole whereby countries could simultaneously override existing reservation approval procedures and the obligation not to invoke national legislation to derogate from the Act (Article 39).[89]

Postal Payment Services Agreement

2.42The PPSA provides for a ‘secure and accessible international postal payment service between designated operators.’[90] The PSSA remains in operation until the entry into force of the Acts adopted by the next Congress. The Abidjan Congress therefore created a new treaty.[91]

2.43Australia is a party to the PPSA but does not offer services covered by the treaty, although this is an option through the treaty.[92]

2.44The Amendments through Article 29 establish the permanence of the PSSA meaning that the treaty would remain in force indefinitely.[93] Future amendments would be Additional Protocols.[94] Further, member countries would be able to authorise wider postal sector players to take part in certain provisions of postal payment services (Article 5).[95] There must be compliance by these actors with relevant provisions of the PPSA including those relating to postal payment services and licensing arrangements.[96] Authorisations to these actors must be limited in time and can be revoked.[97]

Reservations to the Acts of the UPU

2.45Australia made 15 reservations to the Convention as outlined in the Final Protocol to the Convention, which renew existing reservations made previously.[98]

Implementation

2.46No change to the Australian Postal Corporation Act 1989 or related primary legislation is required.[99] The UPU standards are built into the Act and are implemented by Australia Post therefore the amendments to the Acts of the UPU can be implemented by Australia Post within current legislative authority by adjusting internal systems and processes.[100] There is no need for action at the state or territory level as the Commonwealth has constitutional responsibility for postal services.[101]

Costs

2.47Through the UPU Constitution, member countries jointly bear the UPU’s expenses and choose their contribution class (Article 21).[102] Australia contributes 20 units, which was approximately AUD 1.4 million for 2021.[103] The Government has said that Australia’s membership contribution will remain 20 units until the next Congress in Dubai in 2025 when the amount is expected to decease due to increased voluntary contributions from other member countries.[104]

2.48While there is an amendment to raise the annual expenditure cap for the UPU from 2022 to 2025 to CHF 38,890,030 this would not impact Australia due to reforms to the system of membership contributions to better align with the UN Scale of Assessment.[105]

2.49Australia Post also contributes approximately AUD 400,000 per annum for mandatory and voluntary participatory activities.[106] These expenses include activities such as the Telematics Cooperative, the Express Mail Services Cooperative, IT systems and fees for publications and English translation services.[107]

Withdrawal or denunciation

2.50The process is the same as noted above in the first treaty action.

Consultation

2.51Australia Post was part of the Australian Delegation at the 27th Congress and participated in the negotiations.[108] The Government has said that it worked closely with Australia Post on developing policy and operational positions.[109] Government departments were consulted, namely the Department of Prime Minister and Cabinet, the Department of Foreign Affairs and Trade, the Attorney-General’s Department, the Department of Agriculture and Home Affairs.[110] Australia also consulted with international partners and countries including the United States Postal Service (USPS).[111] States and territories were also advised of preparations for the 27th Congress.[112]

Issues

Australia’s role at the UPU

2.52The Committee heard that with respect to the UPU, Australia was ‘taking a leading role’ to advance discussions on institutional reform and support measures.[113] The Committee heard that these changes would ‘create new opportunities for Australian businesses and consumers.’[114]

Declining role of letters

2.53At the public hearing the Committee heard about the challenges to postal operators globally.[115] The Department noted that digitisation is one of the challenges which are ‘leading to the declining use of letters and the growing use of parcels.’[116] The Department explained that UPU was responding to these trends by opening up the UPU to wider postal sector players with the intention that it would ‘modernise the institution and … deliver better end use experiences’.[117] The Committee heard that the two UPU treaties are ‘essential to progressing important work to open up the UPU to the wider postal sector’.[118]

2.54The Department said that two thirds of international parcels are handled by operators that are not designated operators and so outside the UPU system.[119] Australia Post confirmed that with respect to parcel distribution, this is derived from approximately two thirds private to one third Australia Post equivalent worldwide.[120] Australia Post explained that it had shifted from being traditionally letters business to an e-commerce provider, noting that they have ‘lost a lot of volume recently, particularly in terms of international parcels’.[121]

2.55The Department said that parcels have grown as a private sector offering.[122] They explained that Australia Post is a major player, but many international companies are major players as well.[123] The Department further noted that even though Australia Post is a designated operator and they handle a lot of parcels they do so under purely commercial arrangements and not any structure set up by the UPU.[124]

2.56The Department said that UPU is going through progressive reform to shift its role from sending products and services through mail to being ‘an organisation that, in my words, steps back a bit and plays more of a role in facilitating a broader range of services.’[125]

2.57The Committee inquired into UPU’s engagement with wider players and regulating that space. In response, the Department noted the declining importance of letters and the increasing importance of parcels. They said: ‘there are some challenges in terms of how the UPU looks to maintain ongoing relevance to its mission in such a transformed environment.’[126]

Costs

2.58The Committee inquired into changes to the system of determining contributions to the UPU.[127] The Department explained that the main financial contribution Australia makes to the UPU is its member fee which is expected to be around AUD 1.5 million in the 2024 year.[128] The Department noted that this figure is expected to increase in 2025 and 2026 to AUD 1.6 million due to an increase in the UPU budget.[129]

2.59The service fee for the subsidiary bodies that Australia Post partakes in, in the UPU is around $400,000 which is paid on an annual basis.[130] There is also a UPU sustainability fee of $10,000.[131] These fees are paid by UPU to Australia Post on behalf of the Australian Government.[132] UPU also offers designators operators a range of products and services which Australia Post could purchase if it finds useful.[133]

UPU Consultative Committee

2.60The Committee heard that changes to the UPU involve setting up and increasing the independence and powers of the UPU Consultative Committee.[134] This Committee is comprised of wider postal sector players and brings a broader perspective to the UPU.[135] The reforms focus on expanding the membership of this body, increasing its independence, and giving it more ability to participate in the more detailed work of the UPU.[136]

Pacific Island interests

2.61At the public hearing the Committee welcomed the permanent seat for Pacific Island countries on UPU Councils. The Committee inquired into how the changes will benefit Pacific Island countries due to the changes to representation. The Department noted that it is important that Pacific voices are heard at multinational institutions.[137] They explained that Pacific Island states can find it difficult to engage with and attend these organisations, noting that it was expensive to do so especially in Europe.[138]The Department explained: ‘we're happy that the broader UPU membership has recognised that to be a well-functioning multilateral institution it is vital that we do what we can to ensure that Pacific voices are heard loud and clear in the forum.’[139]

2.62The Committee asked about other pathways to lift restrictions on Small Island Developed States. Other restrictions that would be lifted, as noted by the Department included better mechanisms when states enter into arrears with the UPU and better arrangements to enable more flexibility with the UPU for states when in arrears which would allow them to rejoin the membership[140] The Department also clarified that pathways have been created to allow Small Island Developed States to recover unpaid membership contributions and remove sanctions for countries with longstanding debts. Further, countries have scope to declare the amount of membership fees that they pay to the UPU depending on their development status which gives flexibility for countries in arrears.[141]

2.63The Committee inquired into consultation with Pacific Island countries. The Department said: ‘We have regular conversations with the whole gamut of countries that are members of the Universal Postal Union, including Pacific Island states. We treat those relationships very importantly and take them very seriously.’[142] The Department noted that Australia also engages with Pacific Island states on a bilateral basis and through regional organisations such as the Asian-Pacific Postal Union.

2.64The Committee specifically inquired into whether there had been consultation with Pacific Island states around removing these restrictions. Australia Post said that they work closely with Pacific Island designated operators.[143] Australia Post noted that when they attend the annual meetings of the Council, they share the meeting reports and outcomes with Pacific Nations and work with them to ensure they can advocate for their interests.[144] Furthermore, the Department outlined that Australia has facilitated the in-person attendance of Pacific Island states, Tonga and Tuvalu, at recent international postal meetings with the further amplification of Pacific voices within the UPU.

2.65The Committee inquired into the Pacific Postal Development Partnership. The Department explained that the Australian government and Australia Post, in partnership with Pacific postal administrations deliver improved systems, processes, technology, and training across the Pacific.[145] These activities are based on locally identified needs and Australia's expertise.[146] The Australian Government provided Australia Post with $450,000 to contribute to this program.[147] The benefits of the partnership include improving mail-processing reliability, speed and safety.[148] It will also allow for increased e-commerce business opportunities and better overseas connectivity.[149]

2.66Australia Post noted of this project that: ‘The Pacific Postal Development Partnership is an important program for Australia Post. In 2022 we sent a survey to the nine countries in the Pacific, asking what their needs may be. We worked through those needs over the last 18 months, and we've done a number of drop-offs.’[150]

Stakeholder concerns

2.67The Committee inquired into the concerns of stakeholders and heard from the Department that regarding the UPU they had not had ‘a great deal of attention’ beyond Australia Post.[151] However the Department noted that this was changing due to the increase in the use of parcel delivery and the parcel market being a broader market.[152] The Department noted outreach and regular meetings in the previous 18 months with the Conference of Asia Pacific Express Carriers (CAPEC), one of the key external stakeholders, who has an interest in ensuring a level playing field between private sector and government run operators.[153]

2.68The Department notes that the UPU has sought to give wider sector postal players a greater role and visibility in the operations of the organisation, and that they are also looking at changes to increase the interoperability between private players and traditional postal players.[154]

Gender equality principles

2.69The Committee also noted the inclusion of gender equity principles, to seek a better balance with the Secretariat.

National sovereignty

2.70The Committee also inquired into the specific change whereby when a country is a member of the POC they must act in that role in the interest of the UPU and not in their national interest. As Australia is currently on the POC, the Committee asked what that would mean for how Australia acts on that Council. The Department said that they do not anticipate any changes in the way Australia operates on the council.[155] The Department said: ‘Australia has always placed great importance on thinking and contributing to the overall benefit of the Universal Postal Union as a whole and not solely being in those representative roles to promote our national interest.’[156]

2.71The Committee inquired into whether there is a division between national and council/global interests when acting on the Councils. The Department noted that there are no formal arrangements in place to put divisions between those two roles.[157]

2.72The Committee noted concern in the community that some United Nations bodies make impositions upon Australia. The Department noted that any major changes to the operations of the UPU on a permanent basis are considered at either of the main congresses of the UPU or at an extraordinary congress and will be treaty actions.[158] The Department explained that Australia will attend these congresses and Australia is there solely to advocate for Australia’s national interests.[159]

2.73The Committee noted that not every country is obliged to put someone forward to have a role on the council. Even where countries do not have a role on the Council they maintain their sovereign right to participate in the negotiations and considerations with respect to the UPU through the various congresses, and make reservations if there are parts of an agreement that they don't necessarily agree. The Department further clarified that as a UPU member, Australia is able to take out reservations against provisions in the Universal Postal Convention should compliance not be in its interests.

2.74The Committee noted that if a country wanted to participate in the POC, they would do so taking into consideration how the overall administration of global postal rules can be best conducted, rather taking a national interest.

Delay in presenting the treaty actions

2.75The Committee heard that the Department ‘acknowledge[d] there's been considerable delay in presenting this package of treaty changes to this committee.’[160] The Department expressed that: ‘Given this complex treaty-making environment, it was most practical to present all of the decisions from the one cycle together for your consideration.’[161] The Department went on to explain: ‘For example, some changes made in 2018 were revised in 2019 and then revised again in 2021. The impact of COVID-19 also delayed presentation to this committee.’[162]

2.76The Committee heard that the UPU generally meets every four years to agree to change its treaties however the 2016 to 2020 congress cycle included two extraordinary congresses, in 2018 and 2019.[163] The first was due to the need to consider reform matters outstanding from the 26th congress and the latter following the proposed withdrawal from the UPU of the USA.[164] The 27th Congress was delayed from 2020 to 2021 due to the COVID pandemic.[165]

Reservations

2.77The Committee noted the detail of the 15 reservations that Australia made to the Convention. The Department said overall that the nature of Australia’s reservations were ‘to ensure consistency in the treatment of international postal items with domestic postal items, or to allow Australia Post to cost recover for certain services.’[166]

Conclusion

2.78The Committee notes the importance of these two major treaty actions to the facilitation of international post. The Committee further notes the value of the UPU to this process and acknowledges Australia’s role in the agency. The exchange of international mail between member states is an important part of commerce and development. The Committee notes the importance of international mail being accessible to all states regardless of development status.

2.79The Committee believes that the changes in question would be in Australia’s national interests and would ensure our ongoing commitment to the UPU. They would also result in a more efficient UPU and remove ambiguity. Changes to representation on UPU Councils and gender equity in the Secretariat would facilitate the development of the UPU. These changes would benefit not only Australia but also Pacific Island states and other developing countries.

2.80Key issues discussed at the public hearing as part of the inquiry into this treaty include the declining role of letters and the rise of parcels, Pacific Island interests, stakeholder engagement and concerns, gender equality principles, Australia’s role at the UPU and issues of national sovereignty, the delay in presenting the treaty actions and reservations. The Committee considers that these issues have been addressed adequately by the Inquiry.

2.81Of particular interest, the Committee highlighted the importance of supporting and promoting Pacific Island interests at the UPU which can be seen through the establishment of permanent Pacific Island seats on the UPU Councils. The Committee notes that increased stakeholder engagement on the UPU would benefit future treaty actions as well as Australia’s engagement with the organisation.

2.82While the Committee notes that the treaty actions place a priority on POC members acting with the interests of the UPU, not with national interests in mind, the Committee believes that this is expected on such councils to facilitate their effective functioning. Furthermore, Australia still has a forum at the UPU through which to engage its national interests including at the congresses.

2.83The Committee notes the delay in referring these treaty actions to the Committee and encourages a swifter referral with respect to future treaty actions from the UPU. The Committee notes that the Department has acknowledged this delay and that it is proactively working with DFAT to take forward a treaty proposal that reflects outcomes of the 2023 extraordinary congress as soon as possible.

2.84The Committee notes support for ratification from the Government and other stakeholders including from industry.

2.85The Committee supports the ratification of the treaty actions and recommends that binding treaty action be taken.

Recommendation 1

2.86The Committee supports the Acts of the Universal Postal Union adopted by the 2nd Extraordinary Congress: Tenth Additional Protocol to the Constitution of the Universal Postal Union and Second Additional Protocol to the General Regulations of Universal Postal Union and recommends that binding treaty action be taken.

Recommendation 2

2.87The Committee supports the Acts of the Universal Postal Union adopted by the 27th Universal Postal Congress: Eleventh Additional Protocol to the Constitution of the Universal Postal Union, Third Additional Protocol to the General Regulations of the Universal Postal Union, the Universal Postal Convention, the Final Protocol to the Universal Postal Convention, the Postal Payment Services Agreement and the Final Protocol to the Postal Payment Services Agreement and recommends that binding treaty action be taken.

Footnotes

[1] Joint Standing Committee on Treaties (JSCOT), ‘Current Inquiries’, www.aph.gov.au/jsct, viewed 1 March 2024.

[2] Universal Postal Union, ‘One world. One postal network,’ www.upu.int/en/Home, viewed 29 February 2024.

[3] UPU, ‘About UPU,’ www.upu.int/en/Universal-Postal-Union, viewed 29 February 2024.

[4] UPU, ‘Member countries,’ www.upu.int/en/Universal-Postal-Union/About-UPU/Member-Countries, viewed

29 February 2024; Department of Infrastructure, Transport, Regional Development, Communications and the

Arts (DITRDCA), ‘International Post’, www.infrastructure.gov.au/media-communications-arts/post/international-

post, viewed 29 February 2024.

[5] DITRDCA, International Post.

[6] Constitution of the Universal Postal Union, 1964, Preamble.

[7] Constitution of the Universal Postal Union, 1964, Preamble.

[8] UPU, About UPU.

[9] UPU, About UPU.

[10] UPU, About UPU.

[11] UPU, About UPU.

[12] National Interest Analysis [2023] ATNIA 3 with attachment on consultation: Acts of the Universal Postal Union

adopted by the 2nd Extraordinary Congress: Tenth Additional Protocol to the Constitution of the Universal Postal

Union and Second Additional Protocol to the General Regulations of the Universal Postal Union (Addis Ababa, 7

September 2018) [2023] ATNIF 3 (NIA 1) para 14.

[13] NIA 1, para 14.

[14] NIA 1, para 14.

[15] UPU, About UPU.

[16] UPU, About UPU.

[17] UPU, Member countries.

[18] UPU, Member countries.

[19] UPU, Member countries.

[20] About UPU.

[21] UPU, ‘Acts of the Union and other decisions’, www.upu.int/en/Universal-Postal-Union/About-UPU/Acts#acts-of-

the-union, viewed 29 February 2024.

[22] UPU, Acts of the Union and other decisions.

[23] UPU, Acts of the Union and other decisions.

[24] UPU, ‘Second Extraordinary Congress of the Universal Postal Union starts Monday in Addis Ababa’,

www.upu.int/en/News/2018/8/Second-Extraordinary-Congress-of-the-Universal-Postal-Union-starts-Monday-in-

Addis-Ababa, viewed 28 February 2024.

[25] NIA 1, para 3.

[26] NIA 1, para 7.

[27] NIA 1, para 7.

[28] NIA 1, para 7.

[29] NIA 1, para 10.

[30] NIA 1, para 8.

[31] NIA 1, para 8.

[32] NIA 1, para 9.

[33] NIA 1, para 9.

[34] NIA 1, para 12.

[35] Tenth Additional Protocol to the Constitution of the Universal Postal Union.

[36] NIA 1, para 15.

[37] NIA 1, para 15.

[38] NIA 1, para 15.

[39] NIA 1, para 16.

[40] NIA 1, para 17.

[41] NIA 1, para 17.

[42] NIA 1, para 17.

[43] NIA 1, para 17.

[44] NIA 1, para 18.

[45] NIA 1, para 18.

[46] NIA 1, para 18.

[47] NIA 1, para 20.

[48] NIA 1, para 22.

[49] NIA 1, para 22.

[50] NIA 1, Attachment on Consultation, para 1.

[51] NIA 1, Attachment on Consultation, para 2.

[52] UPU, ‘27th Universal Postal Congress’, www.upu.int/en/Events/27th-Universal-Postal-Congress, viewed 29

February 2024.

[53] National Interest Analysis [2023] ATNIA 4 with attachment on consultation: Acts of the Universal Postal Union

adopted by the 27th Universal Postal Congress: Eleventh Additional Protocol to the Constitution of the Universal

Postal Union, Third Additional Protocol to the General Regulations of the Universal Postal Union, the Universal

Postal Convention, the Final Protocol to the Universal Postal Convention, the Postal Payment Services

Agreement and the Final Protocol to the Postal Payment Services Agreement (Abidjan, 26 August 2021) [2023]

ATNIF 4 (NIA 2) para 5.

[54] NIA 2, para 10.

[55] NIA 2, para 8.

[56] NIA 2, para 10.

[57] NIA 2, para 10.

[58] NIA 2, para 10.

[59] NIA 2, para 8.

[60] NIA 2, para 9.

[61] NIA 2, para 11.

[62] NIA 2, para 11.

[63] NIA 2, para 15.

[64] NIA, 2, para 16.

[65] NIA 2, para 17.

[66] NIA 2, para 17.

[67] NIA 2, para 17.

[68] NIA 2, para 17.

[69] NIA 2, para 18.

[70] NIA 2, para 19.

[71] NIA 2, para 20.

[72] NIA 2, para 21.

[73] NIA 2, para 21.

[74]NIA 2, para 22.

[75] NIA 2, para 22.

[76] NIA 2, para 23.

[77] NIA 2, para 24.

[78] NIA 2, para 25.

[79] NIA 2, para 25.

[80] NIA 2, para 26.

[81] NIA 2, para 27.

[82] NIA 2, para 28.

[83] NIA 2, para 29.

[84] NIA 2, para 30.

[85] NIA 2, para 31.

[86] NIA 2, para 32.

[87] NIA 2, para 34.

[88] NIA 2, para 35.

[89] NIA 2, para 36.

[90] NIA 2, para 37.

[91] NIA 2, para 37.

[92] NIA 2, para 38.

[93] NIA 2, para 39.

[94] NIA 2, para 39.

[95] NIA 2, para 40.

[96] NIA 2, para 41.

[97] NIA 2, para 41.

[98] NIA 2, para 43.

[99] NIA 2, para 44.

[100] NIA 2 para 44.

[101] NIA 2, para 45.

[102] NIA 2, para 46.

[103] NIA 2, para 46.

[104] NIA 2, para 46.

[105] NIA 2, para 47.

[106] NIA 2, para 48.

[107] NIA 2, para 48.

[108] NIA 2, Attachment on consultation, para 1.

[109] NIA 2, Attachment on consultation, para 1.

[110] NIA 2, Attachment on consultation, para 2.

[111] NIA 2, Attachment on consultation, para 3.

[112] NIA 2, Attachment on consultation, para 4.

[113] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 1.

[114] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 1.

[115] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 1.

[116] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 1.

[117] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 1.

[118] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 1.

[119] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 3.

[120] Ms Bhavana Chhagan, Australia Post, Committee Hansard, 26 February 2024, p. 4.

[121] Ms Bhavana Chhagan, Australia Post, Committee Hansard, 26 February 2024, p. 4.

[122] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 3.

[123] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 3.

[124] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 3.

[125] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 3.

[126] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 3.

[127] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 2.

[128] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 2; Ms Bhavana, Australia Post,

Committee Hansard, 26 February 2024, p. 3.

[129] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 2.

[130] Ms Bhavana Chhagan, Australia Post, Committee Hansard, 26 February 2024, p. 3.

[131] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 2.

[132] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 3.

[133] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 3.

[134] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 3.

[135] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 4.

[136] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 4.

[137] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 6.

[138] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 6.

[139] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 6.

[140] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 4.

[141] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 4.

[142] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 4.

[143] Ms Bhavana Chhagan, Australia Post, Committee Hansard, 26 February 2024, p. 5.

[144] Ms Bhavana Chhagan, Australia Post, Committee Hansard, 26 February 2024, p. 5.

[145] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 6.

[146] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 6.

[147] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 6.

[148] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 6.

[149] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 6.

[150] Ms Bhavana Chhagan, Australia Post, Committee Hansard, 26 February 2024, p. 6.

[151] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 6.

[152] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, pp. 6-7.

[153] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 7.

[154] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 7.

[155] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 5.

[156] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 5.

[157] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 5.

[158] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 5.

[159] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 5.

[160] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 2.

[161] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 2.

[162] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 2.

[163] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 2.

[164] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 2.

[165] Mr Daniel Caruso, DITRDCA, Committee Hansard, 26 February 2024, p. 2.

[166] DITRDCA, Question on Notice, [2].